Judgment
Background
The appellant was charged in the magistrate’s court with defilement contrary to section 8 (1) as read with section 8 (3) of the Sexual Offences Act (SOA). The particulars were that on diverse dates between 8/5/2013 and 17/5/2013 at [Particulars Withheld] Village in Eldoret West District within Uasin Gishu County, the appellant unlawfully caused his penis to penetrate the vagina of LA a child aged 12 years.
He faced an alternative count under section 11 (1) of the Sexual Offences Act. The particulars were that on the mentioned date in Eldoret West District, the appellant unlawfully caused his penis to come in to contact with vagina of LA a child aged 12 years.
The prosecution called 5 witnesses to prove its case. At the material time the complainant was a few months shy of her twelfth birthday. A birth certificate produced on her behalf in evidence indicated that she was born on 24th August, 2001.
The minor testified that on 5th May, 2013, the appellant followed her home…